DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DO 20370-5100
SUN
Docket No: 04343-09
29 March 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the United
States Code, section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 23 March 2010. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board. Documentary material considered by the Board consisted of
your application, together with all material submitted in support —
thereof, your naval record, and applicable statutes, regulations,
and policies.
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy and began a period of active duty on
29 July 1986 at age 20. On 27 August 1987, you received
nonjudicial punishment (NJP) for absence from your appointed
_place of duty. On 5 October 1987, a Physical Evaluation Board
(PEB) was conducted, and it was determined that you had a joint
derangement at the ankle and foot that existed prior to your
entry into the service. Further, the PEB found you unfit to
perform your duties and recommended that you be administratively
separated from the Navy due to the foregoing diagnosis. Based on
this evaluation, you were processed for separation and discharged
under honorable conditions by reason of a physical disability
that existed prior to entry. Subsequently, on 23 October 1987
you were discharged based on your overall record and conduct
marks.
Characterization of service is based in part on conduct and
proficiency averages computed from marks assigned on a periodic
basis. Your conduct average was 2.6. At the time of your
service, a conduct average of 3.0 was required for a fully
honorable characterization of service.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, and letter of recommendation from the Air Force.
Nevertheless the Board found that these factors were not
sufficient to warrant recharacterization of your discharge due to
your NUP and failure to attain the required average in conduct.
The Board further found no basis to change the reason for your
separation because of the diagnosed physical problem that had
existed at that time and the findings and recommendation of the
PEB. Finally, the Board noted that you were assigned an RE-3P
reenlistment code that may not prohibit reenlistment, but
requires that a waiver be obtained from recruiting personnel who
are responsible for determining whether you meet the requirements
for reenlistment. Accordingly, your application has been denied.
The names and votes of the members of the panel will be furnished
upon request.
It is regretted that the circumstances of your casé are such that
favorable action cannot be taken. You are entitled to have the
Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board.
In this regard, it is important to keep in mind that a
presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
\pQand
W. DEAN P
Executive ckor
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